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People v. Johnson
Citation: 2022 NY Slip Op 07520Docket: Ind. No. 518-18 Appeal No. 17002 Case No. 2021-00729
Court: Appellate Division of the Supreme Court of the State of New York; December 28, 2022; New York; State Appellate Court
Original Court Document: View Document
In the case of *People v. Johnson*, 2022 NY Slip Op 07520, the Appellate Division, First Department upheld the Supreme Court's decision from July 22, 2020, which classified Vonte Johnson as a level three predicate sex offender under the Sex Offender Registration Act. The court affirmed this classification unanimously and without costs. The appellate court found that the Supreme Court properly exercised its discretion in denying Johnson's request for a downward departure from the standard risk assessment. Although exceptional responses to sex offender treatment can be considered as mitigating factors, Johnson failed to prove that his treatment response was exceptional. Furthermore, the court noted that Johnson’s age did not significantly diminish his risk of reoffending. The seriousness of his offenses and his criminal history, including a third conviction for a sex crime involving children, outweighed any potential mitigating factors.